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eBay non paying bidder

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Lumper54

Junior Member
I sold a vehicle on eBay Motors. Buyer never made downpayment. When he came to pickup the vehicle, he stated car was not misrepresented, he just decided he did not want to complete the transaction.

What legal recourse can I pursue outside of eBay?

The buyer had a certified check made out to me. Do I have any standing to try to claim the check from the bank?

Buyer is from North Dakota.

What is the name of your state (only U.S. law)? Minnesota
 


FlyingRon

Senior Member
Unless he delivers the check to you, it's still his. All being certified means is that the funds are outside his reach until the check is presented back (either by you cashing it or him returning it).

You could sue him in small claims for your damages (your ebay expenses, etc), but having him in a distant state complicates things. You won't get specific performance (making him pay the full amount) anyhow.
 

JustAPal00

Senior Member
If the buyer took the time to go to the bank and get a certified check and pay the fee, I would say he intended to go through with the sale. Something he saw when he came to pick up the vehicle changed his mind. You need to accurately describe an item you are trying to sell on eBay. That means if there is a problem you need to disclose it up front! You can file a non paying bidder complaint on eBay and will be elligible to re-list the item for free. this time I would completely describe the car and take lot's of photos!
 

ariastar

Member
it would be a lot more work to even attempt to make him pay than to resell the car. Offer it to the next bidder in a Second-Chance offer.
 

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